Business-Like: The Supreme Court's 2009-2010 Labor and Employment Decision

Abstract:     
The 2009-10 Term at the Supreme Court was a relatively quiet one for labor and employment law. While the Justices were in the news for decisions on corporate political donations and the Second Amendment, the Court’s work-related docket grabbed no headlines. In fact, though, the Court considered 7 work law cases this Term, in areas ranging from standards for arbitration agreements to employee privacy rights in new technology to time limitations for filing Title VII disparate impact claims. This article discusses the Court’s labor and employment cases for the Term. While they may not have made much news, several of the decisions divided the Court sharply. And, as has been true throughout Chief Justice John Roberts’ tenure, the decisions overall reflect a powerful deference to business interests.

Number of Pages in PDF File: 24

Keywords: Supreme Court, employment and labor law, judicial decisionmaking

JEL Classification: K40, K41, J52, J78

Accepted Paper Series